The Competition Commission of South Africa (Commission) has welcomed the decision by the Competition Tribunal (Tribunal) in which Tourvest Holdings (Pty) Ltd (‘’Tourvest’’) and the Siyazisiza Trust were found guilty of collusive tendering or price fixing, in contravention of section 4(1)(b)(iii) of the Competition Act 89 of 1998 as amended. The contravention related to bid rigging in respect of a tender issued by Airports Company South Africa (ACSA) in February 2013, for leasing three opportunities of arts, crafts, and curio retail spaces at OR Tambo International Airport for a period of five years. Tourvest and the Siyazisiza Trust concluded a Memorandum of Understanding (MOU) before submitting separate bids for one of the three tenders issued by ACSA. In terms of the MOU the respondents agreed to cooperate, as opposed to competing, when bidding for one of the three tenders known as “opportunity 3”.
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